A will is a legal document in which property owned by the maker (called a ‘testator’), is given to designated beneficiaries upon the person’s death. Disappointed family members (i.e., those cut out of the will), may challenge the will on the grounds that the maker was of unsound mind when the will was executed.
TO DO: Research Florida case law and prepare a memorandum of law which explains the standard(s) applied by the courts to invalidate or uphold wills in situations where the decedent’s then-mental condition is challenged, and give examples of evidence used by the courts.
The research assignment below requires research into Florida case law. Your memorandum of law need be only two (2) pages long, organized as follows:
–Issue
–Analysis
–Conclusion
You are to find TWO (2) Florida cases which will detail and explain the elements of a claim to invalidate a will on the basis of the maker’s unsound mind. Next you are to find THREE (3) cases which have fact patterns similar to the fact pattern above, i.e., cases where the courts discuss the evidence underlying the claim of invalidity, and explain in one (1) paragraph per case should be sufficient) why the court ruled as it did.